CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (POPI)
Fokus Personnel Services CC is hereinafter referred to as “The Company”
Introduction:
In terms of POPIA, a “Responsible Party” (in this case being the Company) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, the Company requires your express and informed permission to process your Personal Information.
In the event of you refusing to give the required consent, the Company will still have the right, in terms of POPI, to process your information without your consent under any of the following circumstances:
Where such processing and use of your personal information is necessary in order to give effect to a contractual relationship as between you and the Company
Where such processing is required in terms of a law, such as without limiting the generality thereof, the Basic Conditions of Employment Act 75 of 1997 (BCEA), the Skills Development Act, 97 of 1998 (SDA), Skills Development Levies Act, 9 of 1999 (SDLA) the Employment Equity Act, 55 of 1998 (EEA) Unemployment Insurance Contributions Act, 4 of 2002 (UICA) Unemployment Insurance Act, 6 of 2001 (UIF), Financial Advisory and Intermediary Services Act, 37 of 2002 (FAIS), THE Financial Intelligence Centre Act 38 of 2001 (FICA), The National Credit Act, 34 of 2005 (NCA) and / or the Compensation for Occupational Injuries and Diseases Act, 130 of 1993; or
Where such processing is necessary to protect the legitimate interests of the Company or a third party.
Purpose for the Collection
The reason why the Company requires your Personal Information is to enable the Company to;
Voluntary:
Find you employment and to this end, make your information available for searching and matching to job opportunities across the company with the intention of presenting you as a match to the client companies of the company;
Perform appropriate checks on job history, criminal record, educational / skills qualifications / registrations / licenses as well as credit history, where such is required and is permitted by the NCA;
Refer you as a candidate for employment with client companies or employ you as staff within our own environment;
Notify you of the company’s various goods, services and offerings using various mediums and platforms, subject always to your right at any time to opt out of such communication; and / or
Perform its various recruitment, human resource and capital operations, as well as ensuring timeous and accurate payroll functions; and / or the proper administration of your employment benefits such as healthcare and / or retirement funding.
Mandatory:
Comply with the applicable labour, tax and financial legislation;
Conclude a contract with you;
Keep records in accordance with the BCEA and other applicable laws;
Report to government in terms of the applicable laws, including for example the EEA, SDA, SDLA, LRA, B-BEEA, UIF, UIFLA and Income Tax Laws;
Pay over Skills Development Levies as per the SDLA;
Pay over contributions to the Unemployment Insurance Fund and Compensation Insurance Fund;
Pay over PAYE and other related taxes to the Receiver of Revenue.
All Personal Information which you provide to the Company will only be used for the purposes for which it is collected.
Consequesnes of withholding Consent or Personal Information
Should you refuse to provide the Company with the required consent and / or information, the Company will be unable to assist you with your employment / and or recruitment requirements or provide you with the Company’s goods or services.
Storage and Retention and Destruction of Information:
All Personal Information which you provide to the Company will be held and / or stored securely for the purpose of recruitment or re-recruitment. Your Personal Information will be stored electronically in a database. Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information.
Where data is stored electronically outside the borders of South Africa, such is done only in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI.
Once this information is no longer required, due to the fact that you no longer need the Company to find you employment, such Personal Information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa. Thereafter, all your personal Information will be permanently destroyed.
Right to Object:
In terms of S11(3) of the POPIA, you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved. All objections should be directed to Mandi Hugo, Fokus Personnel’s POPIA officer mandi@fokuspersonnel.co.za.
Accuracy of Information and Onus:
POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date. Whilst the Company will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur. You also confirm that all the information provided to the Company is true and correct and that you are aware that if it is fraudulent and a criminal offence to supply incorrect information or documentation.
Sharing of Information:
Your Personal Information will be stored electronically in a database, which widen the job seeking opportunities, will be accessible to the Company’s employees. In particular, the following persons or departments within the Company will have access, under strict confidentiality, to your Personal Information:
Recruiters: All recruiters and recruitment related roles within the Company
Permanent Staff: Management, HR Practitioners, Payroll Department, Core Benefits Provider, Medical Aid / Cover Provider, Retirement Funding Provider, Auditors, Legal Practitioners, Government Departments (e.g. Department of Labour).
Candidates / Assignees: Management, HR Practitioners, Payroll Department, Core Benefits Provider, Medical Aid / Cover Provider, Data Capturers, Account Managers, Auditors, Legal Practitioners, Government Departments (e.g. Department of Labour) and specifically, where the candidate or assignee is being referred for a position, client companies will be given sufficient information on which they can base their decision to employ.
Access to the Information by the Data Subject:
You have the right at any time to ask the Company to provide you with:
The details of any of your Personal Information which the Company holds on your behalf.
Complaints:
You have the right to address any complaints to the Company Information Officer mandi@fokuspersonnel.co.za or to the Personal Information Regulator.
Direct Marketing, Advertising and Promotional activities:
The Company
May / May not use my Personal Information for the marketing and / or promotion of its own goods and services
May / May not use my Personal Information for the marketing and / or promotion of other parties’ goods and service
Declaration and Informed Consent:
I declare that all Personal Information supplied to the Company for the purposes of recruitment and related legal and operational reasons is accurate, up-to-date, is not misleading and that it is complete in all respects. I undertake to immediately advise the Company of any changes to my Personal Information should any of these details change.
I furthermore give the Company permission to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.
Idemnify:
You indemnify Fokus Personnel Services against all claims, actions, suits, liabilities, costs and expenses incurred on any count as a result of the listing your CV on the Companies data base.
Acceptance:
The Company reserves the right to either reject or remove any CV from its database. You agree that while the Company makes every reasonable effort to find suitable employment for your candidates, we cannot offer any form of guarantee that we will be successful in doing so.
You agree that you are not to contact any of the Companies clients in your personal capacity. All correspondence is required to take place between the Company and the Client, unless otherwise agreed with by the Company in writing.
You hereby authorise Fokus Personnel Services to process any Personal Information provided by you in the course of your application for employment. You confirm that Fokus Personnel Services may retain your personal information in their database for future matching on the understanding that your details may only be released to specific clients with your prior consent.